48 APRIL 2014 I LIC COURIER I www.queenscourier.com Legally Speaking By: Scott Baron, Attorney at Law NEW YEAR’S EVE Advertorial Q: My friend and I attended a New Year’s Eve party. We consumed alcohol. Upon leaving, my friend backed his truck out of the driveway onto the main road. Because of the vehicles parked adjacent to our hosts’ driveway, sightlines were limited. We collided with another vehicle. Eventually, he pleaded guilty to driving while intoxicated. A: In general, a landowner has a duty to act in a reasonable manner to prevent harm to those on their property. This includes both a duty to maintain the property in a reasonably safe condition and a duty to warn of a latent, dangerous condition on the property. However, in these circumstances, our courts have held that your hosts had no duty to assist your friend as he pulled out of their driveway, or otherwise warn him that vehicles parked along the road next to the driveway may obstruct the view when exiting. Our courts have also held that your hosts were no longer in a position to control your friend when he entered his vehicle and drove away – that requiring social hosts to prevent intoxicated guests from leaving their property would inappropriately expand the concept of duty. The parked vehicles do not amount to a latent or dangerous condition on your hosts’ property. Even if your hosts may have been more aware of this potential obstruction than you, that did not create a duty on their part to assist or warn you. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Incredible Support That Will Never Be Forgotten Sinai Memorials respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Funeral Directors & Planners Dignified and comfortable chapel, located in Fresh Meadows, Queens Funeral services at locations throughout the New York Metro area Costs are reasonable and all family budgets are accommodated DVD and real-time webcast of chapel services, at no additional cost Our staff Rabbi is available to answer your questions Experts to guide monument selection or FDIC insured pre-planning Sinai Chapels Funeral Directors & Planners 162-05 Horace Harding Expressway, Fresh Meadows, NY 11365 718.445.0300 or 800.446.0406 We are here 24 hours, to serve your family. We offer FDIC insured pre-planning. www.JewishFunerals.com ©2014 Kumon North America, Inc. All Rights Reserved. Kumon helps children succeed in the classroom and in life. For catching up to grade level, discovering new levels of challenge, or reaching virtually any other academic goal, the Kumon Math and Reading Programs are individualized to every student’s needs. Schedule your free placement test now at Kumon Math & Reading Center of Long Island City 12-15 Jackson Ave., Ste. 1, Long Island City, NY 11101 718.392.2075 • kumon.com/long-island-city
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